Balbino, a 33-year-old Mexican national who had entered the United States illegally 14 years ago, thought he had a strong case for a spousal visa: a wife and children who are U.S. citizens, a father-in-law who had pledged in an affidavit to financially support him if necessary, and a letter from his
1 / 6Arturo, a Mexican migrant, reacts next to his sons inside their house in NeutlaArturo, 33, a Mexican migrant, who was denied a visa to the United States, reacts next to his sons Juan , 10 and Javen, 6, inside their house in Neutla, Guanajuato state, Mexico, April 9, 2019. Picture taken April 9, 2019. REUTERS/Edgard GarridoBy Yeganeh Torbati and Kristina Cooke
The refusals, capping an often complex and lengthy application process, can trap people for months or longer outside the United States, separated from American spouses and children, as they renew their efforts to legally return. Some may never be able to go back. "The State Department is trying to bypass public comment and implement changes to public-charge all on its own," said Charles Wheeler, an attorney with the Catholic Legal Immigration Network."These changes are already having a terrible effect on people.
But after the manual changes in January 2018, the refusals shot up. In the 2018 fiscal year, which ended in September, nearly 13,500 immigrant visa applications were refused on public-charge grounds - quadruple the number in the previous fiscal year and the highest total since 2004.Although the State Department does not release visa refusal data by nationality or consulate, immigration lawyers said public-charge enforcement is particularly rigorous at the U.S.
Now, according to the manual, the affidavit is just one factor among many. Consular officers are also now allowed to consider past or current use of public benefits – including health and nutrition services. And that includes use by an immigrant's family, even if they are citizens.
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